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The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
Reasons
1. Basic facts
A. On June 18, 2016, the Defendant concluded a lease contract between C and the Seo-gu Daejeon District Court, Seo-gu, Daejeon District Court, and 11,000 million won (a contract deposit amounting to KRW 500 million) and the lease period from June 18, 2016 to August 30, 2020 (hereinafter “instant lease contract”), and paid KRW 500 million to C out of the lease deposit.
B. Defendant A: Defendant B paid KRW 500 million for the sub-lease of the automobile trading complex by leasing the first class of the F In this case from the owner A to the owner C. The payment of KRW 500 million was made at the time of the instant lease agreement. The payment of KRW 500 million was made at the time of the instant lease agreement, and Party B paid the second class of the deposit on the condition that Party B’s right of operation is exclusive in operating in the case of capital-oriented business in the sales complex. The condition that Party A returned KRW 500 million to Party B as the down payment is to preferentially pay for the first class of the automobile trading company prior to the lease of the automobile trading company.
If Gap is unable to pay KRW 500 million paid as security deposit under paragraph 3, Eul agrees to transfer to Eul the legal rights and authority to Eul, subject to the payment of the amount of KRW 500 million to Eul as security deposit.
상기 약정내용을 성실히 이행할 것이며 손실이 있을 땐 손실 입힌 자가 민,형사상 책임을 진다.
After entering into the instant lease agreement, the Defendant entered into an agreement with F (hereinafter “instant agreement”) with the following terms and conditions:
(E) The trade partner G puts his signature and seal as the surety by the Defendant’s trade partner. [Grounds for recognition] The absence of dispute, Gap’s evidence 7, Eul’s evidence 1 and 2
2. The plaintiff's assertion
A. On June 2016, the Plaintiff, which is the primary cause of the claim, has lent KRW 400 million from the Defendant to the Defendant, as the deposit money for the lease of the second and second exhibition hall in this case.